The notice comes more than a month after Kelley declared a mistrial in Dippolito’s second trial after group of six jurors announced they were unable to reach a unanimous verdict in the 2009 Boynton Beach case.

A first jury in Dippolito’s case in 2011 convicted her on a single charge of solicitation to commit first degree murder, and she was sentenced to 20 years in prison, but both her conviction and sentence were overturned on appeal.

Dippolito’s attorneys have argued that police violated Dippolito’s rights by forcing her lover turned police informant to participate in the investigation after he allegedly said he wanted out. They say police officials did so to spice up an episode of the reality television show “Cops.”

Prosecutors say the video evidence in the case, including conversations between Dippoilto and an undercover detective posing as a hitman, provide clear evidence that she fully intended to have her now ex-husband killed.